United Group Infrastructure Pty Ltd ACN 096 365 972 v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 1575

FEDERAL COURT OF AUSTRALIA

United Group Infrastructure Pty Ltd ACN 096 365 972 v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 1575

INDUSTRIAL LAW – interim injunction – whether threatened industrial action protected action Workplace Relations Act 1996 (Cth), ss 170MO, 170MI(2), 170MN Building and Construction Industry Improvement Act 2005 (Cth), s 41 United Group Infrastructure Pty Ltd ACN 096 365 972 v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union wad 295 of 2005 SIOPIS J 13 October 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 295 OF 2005

BETWEEN: UNITED GROUP INFRASTRUCTURE PTY LTD ACN 096 365 972

APPLICANT

AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION

RESPONDENT

JUDGE: SIOPIS J

DATE OF ORDER: 13 OCTOBER 2005

WHERE MADE: PERTH

UPON THE APPLICANT'S UNDERTAKING TO: (a) Submit to such order (if any) as the Court may consider to be just for the payment of compensation to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and (b) Pay the compensation referred to in (a) to the person there referred to. THE COURT ORDERS THAT: 1. The respondent immediately withdraw the section 170MO notice given to the applicant on Tuesday 11 October 2005 and all authorisation and advice for the taking of the industrial action referred to in that notice and, by its servants or agents, take immediate steps to inform all of its members who might be affected by that notice of its withdrawal; and 2. Until further order, the respondent be restrained , whether by itself or its servants or agents or howsoever otherwise: (a) from issuing any further section 170MO notices; and (b) from permitting, directing, authorising, inducing, encouraging or procuring any employee of the applicant engaged to work at the Alcoa Kwinana Refinery to fail to attend for work and/or to fail to perform work in the manner as customarily performed for the applicant; where the purpose, or a purpose of that conduct is to support or advance the claims against the applicant in respect of the employment of employees of the applicant pursuant to the draft Enterprise Bargaining Agreement served by the applicant on the respondent which is exhibit PK12 of Affidavit Mr Peter Kingsbury Davis dated 12 October 2005. 3. The respondent file and serve any affidavit(s) in opposition to this application by 4:00 pm on Friday 21 October 2005. 4. The applicant file and serve any affidavit(s) in reply by 4:00 pm on 26 October 2005. 5. The respondent to file and serve written submissions by 4:00 pm on 31 October 2005. 6. The motion and the directions hearing be otherwise adjourned to 2:15 pm on Wednesday 2 November 2005. 7. Costs of and incidental to this notice of motion be reserved. 8. Each party have liberty to apply on 24 hours notice. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.